OK Go Sued by Snack Giant Post over New Line of Cereal Cups

The band say the company is trying to "bully us out of our own name"

BY Calum SlingerlandPublished Jan 23, 2023

Viral, visually imaginative pop-rockers OK Go are being sued by American breakfast cereal manufacturer Post, following the company's launch of a to-go cereal product called OK GO!

Billboard reports that in a complaint filed in Minnesota federal court earlier this month (January 13), Post said OK Go had been threatening to sue for months, on grounds that the company had infringed the trademark rights to the band's name through the launch of the to-go cereal cup products.

In the lawsuit, which can be viewed in full below via Billboard, Post argues that the band's trademark rights don't extend to their cereal, writing in part, "Without resolution by this court, Post will be unfairly forced to continue investing in its new OK GO! brand while under the constant threat of unfounded future litigation by defendants."

In a statement to Billboard, OK Go said they were surprised to learn of Post's lawsuit. "A big corporation chose to steal the name of our band to market disposable plastic cups of sugar to children. That was an unwelcome surprise, to say the least," the band wrote. "But then they sue US about it? Presumably, the idea is that they can just bully us out of our own name, since they have so much more money to spend on lawyers? I guess that's often how it works, but hopefully, we'll be the exception."

Post's lawsuit reveals that on September 9, 2022, an attorney for the band sent Post a cease-and-desist letter, noting how OK Go were "surprised and alarmed" to see the company use of its name on the new cereal products in claiming that the new brand name would "suggest to consumers that OK Go is endorsing Post's products," or falsely imply Post had received permission to use the band's name.

Per the January 13 filing, Post offered to pay OK Go "for a branding collaboration/co-marketing arrangement" in a "good faith effort" to resolve the dispute without legal action, but the company says the band rejected the offer with no counter-proposal, resulting in the lawsuit. 

OK Go's most recent album remains 2014's Hungry Ghosts — an album that features a song for which they shot a video using 567 printers.

Post v. OK Go by Billboard

 

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